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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of certain holders of a wine and beer |
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retailer's permit to manufacture and sell wine and engage in |
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certain related activities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The legislature finds that: |
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(1) the state is authorized under the Twenty-first |
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Amendment of the United States Constitution to promote the public's |
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interest in the fair, efficient, and competitive marketing of wine |
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in this state; |
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(2) the Texas wine industry operates within the |
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traditional three-tier system of alcoholic beverage regulation |
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that has been recognized as unquestionably legitimate by the United |
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States Supreme Court in Granholm v. Heald, 544 U.S. 460 (2005); |
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(3) within the state statutes that are the basis of the |
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three-tier system there are occasional exceptions, some of which |
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have been in place for years, that do not undermine or compromise |
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the three-tier system of alcoholic beverage regulation or threaten |
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the welfare, health, peace, temperance, or safety of the people of |
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Texas; |
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(4) the Texas wine industry is a growing segment of the |
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Texas economy, expanding opportunities for grape growers, wine |
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makers, wine wholesalers, and wine retailers, while generating more |
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excise tax and sales tax revenue every year; and |
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(5) it is in the state's interest to encourage |
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entrepreneurial and small business development opportunities in |
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the state that will lead to new capital investment in the state, |
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create new jobs in the state, and expand the state and local tax |
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base. |
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SECTION 2. Chapter 25, Alcoholic Beverage Code, is amended |
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by adding Section 25.15 to read as follows: |
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Sec. 25.15. MANUFACTURE AND SALE OF WINE BY CERTAIN PERMIT |
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HOLDERS. (a) This section applies only to the holder of a wine and |
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beer retailer's permit whose premises is located in the territory |
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described by Section 3858.005, Special District Local Laws Code. |
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(b) Notwithstanding any other law, a holder of a permit |
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under this chapter may engage in any activity authorized under |
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Chapter 16 except that the permit holder may not: |
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(1) ship wine under Section 16.09 unless the wine is: |
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(A) bottled by the permit holder; and |
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(B) produced from grapes or other fruit grown in |
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this state; or |
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(2) sell wine to the holder of a winery permit or the |
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holder of any permit authorizing the retail sale of wine. |
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(c) The holder of a permit who engages in the activities |
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authorized under this section shall be considered a "retailer" for |
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purposes of Section 102.01. |
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SECTION 3. This Act takes effect September 1, 2017. |